The Board of County Commissioners of Brevard County, Florida, met in regular session on January 18, 2000, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, and Helen Voltz, Assistant County Attorney Shannon Wilson, and County Manager Tom Jenkins.

The Invocation was given by Pastor Ralph Nygard from Eau Gallie First Baptist Church of Melbourne.

Commissioner Sue Carlson led the assembly in the Pledge of Allegiance.

REPORT, RE: FLORIDA SPACE SUMMIT

Commissioner O'Brien advised the first Florida Space Summit was held at Kennedy Space Center; it was a recognition that the space race is changing dramatically; and it is becoming more commercialized with less spy satellites and missions to Mars and more launches of 64 satellites for Microsoft. He advised the United States builds 78% of all satellites in the world, but only launches 48% of them. He stated present at the meeting were Senator Bob Graham, Senator Connie Mack, Congressman Dave Weldon, Congressman Jim Davis, NASA Administrator Dan Golden, Lieutenant Governor Frank Brogan, the delegation from Brevard County, Roy Bridges, and Brigadier General Donald Pettit, head of the Cape Canaveral Airforce Station; and would like to launch two to three rockets a day. He stated the Board approved a new launch company for a tax abatement a week before; and if it keeps up, it will be good.

REPORT, RE: AMERICAN HERITAGE RIVER INITIATIVE

Commissioner Carlson stated she wants to update the Board about the American Heritage River Initiative, and introduce a special guest. She advised the Board appointed three or four individuals to the advisory board, along with the other cities appointees, and the first steering committee meeting was held in October, 1999. She stated in December there was a joint meeting between three of the advisory boards which represented the different basins, the upper, middle and lower, along with the steering committee; and they had a tour and workshop format in Volusia County. She stated they discussed the mission and goals of each particular basin and for the entire river; and she copied the mission and vision statements, goals that were laid out, and the partnership agreement for the Commissioners. She introduced Barbara Elkis River Navigator; and stated she will give a summary of the American Heritage River process thus far.

Barbara Elkis stated the American Heritage River Initiative is 1-1/2 years old; the idea was to use rivers as a unifying force around which people can rally, and encourage communities to come together and develop plans; and federal agencies would be available to help communities implement their visions for the rivers. She stated it is a community driven process as opposed to the federal government stating what to do; and the initiative was designed so each community could come together around the issues most important to them, and work with federal agencies to realize that vision. She stated the focuses are three: environmental and natural resource protection, economic development, and historical cultural preservation; and projects have been suggested in all of those areas. She stated the focus is more in environmental and natural resource protection and historical preservation than major economic development. She stated there are no new federal regulations that come out of this because St. Johns is an American Heritage River, and no change in the status of property rights, federal regulations, legislation, or any authority that a federal agency has regarding the St. Johns River. She stated unfortunately it does not come with earmarked money; and the idea is to use existing federal resources to focus on the fourteen American Heritage Rivers in a cooperative way. She stated the structure that has been developed for the St. Johns River is a committee structure, with a steering committee and membership from the entire river areas. She stated the original steering committee was selected by recommendations and Mayor Delanney, who was the force behind the designation of the St. Johns River as an American Heritage River. The steering committee includes elected officials, private citizens, environmental, business, agricultural, recreation, and tourism representatives from Jacksonville to Indian River County. She advised under the steering committee are three advisory committees for the three river basins. She stated the way the committees are appointed were Mayor Delanney sent letters to the Boards of County Commissioners and the Mayors of all the cities along the river asking for nominations in all those categories. She stated all the advisory committees are off to a good start developing project lists and priorities. She advised her job is to be a liaison between the river communities and the federal agencies to help find resources for river grants, and provide technical assistance.

Commissioner Carlson advised Ms. Elkis will be at the first advisory committee meeting that will take place January 19, 2000 in the Canvassing Room at the Government Center at 7:00 p.m.; all the members will be there; and it is an open meeting, so minutes will be taken.

REPORT, RE: EMERGENCY NOTIFICATION SYSTEM

Commissioner Voltz advised she received an e-mail with questions why there is no information on Brevard County Websites regarding the Cocoa water issue that happened last week. She inquired if there is something the Board can do to address issues such as this; and if they can put something on the website about those things. Commissioner Carlson stated a scout troop was camping at F. Burton Smith Park when the untreated water occurrence happened at 6:15 a.m.; and there needs to be a system in place to notify people when using the campsites that they should not drink the water. Chairman Higgs requested County Manager Tom Jenkins investigate ways to do that through the website and possibly television. Commissioner O'Brien stated he did not watch television that day and did not know there was a problem until he went out to eat dinner, and the restaurant did not have water available; so there must be a better notification system. Chairman Higgs advised the County has a system in Emergency Management which allows telephone numbers to be called rapidly in a concentrated area; and possibly that could be coordinated with cities and other providers in those types of situations.

REPORT, RE: CONSENT AGENDA

Chairman Higgs inquired if there are any items that need to be pulled before they make a motion for the Consent Agenda; with County Manager Tom Jenkins responding Item III.A.2 was withdrawn.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the Consent Agenda except Item III.A.2. Motion carried and ordered unanimously.

Chairman Higgs advised the audience if they want to speak, they need to complete a pink card so the Board will know to recognize them for a certain item; and each person will have 5 minutes to speak.

CHANGE ORDER NO. 2 WITH HEARD CONSTRUCTION, INC., RE: HABITAT GOLF COURSE CLUBHOUSE RENOVATIONS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Change Order No. 2 with Heard Construction to accommodate owner direct purchases for renovation of a clubhouse at Habitat Golf Course. Motion carried and ordered unanimously.

RESOLUTION, CONTRACT FOR SALE AND PURCHASE WITH FRED BOOZER, JR. ET AL, AND AGREEMENT TO DONATE LAND, RE: VIETNAM VETERANS OF BREVARD TRANSITIONAL LIVING FACILITY

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution, execute Contract for Sale and Purchase with Fred Boozer, Jr. et al, and execute Agreement with the Vietnam Veterans of Brevard, Inc. to donate land for use as a transitional living facility. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Bills and Budget changes as requested. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: VACATING RIGHT-OF-WAY IN SECTION 26, TOWNSHIP 26S., RANGE 36E. - ROY PENCE

Chairman Higgs called for the public hearing to consider a resolution vacating right-of-way in Section 26, Township 26S., Range 36E. as petitioned by Roy Pence.

Assistant Public Works Director Ed Washburn stated the item was tabled from a previous meeting to a date certain, the applicant is present, and the right-of-way is in District 4. Commissioner Carlson advised the item was tabled due to her concern with vacating rights-of-way while doing a master plan for linear parks in Brevard County; and then she met with Windover Farms Residence Homeowners Association. She stated she introduced the idea, received positive input, and concerns; and suggested language to ensure Brevard County keeps certain rights on the right-of-way. She stated she has distributed language in draft form from the developer of the Wetland Conservation Easement; pages 1 and 2 have typical language that St. Johns River Water Management District adds to its easements; and if all parties consent to a linear park between Windover Farms and Grand Haven, it would give Brevard County the authority to do so. She advised the other condition is a 15-foot maintenance easement along the wetland creation areas as shown on the plat of record. She stated St. Johns River Water Management District will require the developer to create wetlands out of some of the upland area; part of the right-of-way will likely go for that; but she would like to allow the vacation to occur with a conservation easement. County Manager Tom Jenkins advised the easement replaces the right-of-way.

Chairman Higgs inquired if the easement is over all of the vacated right-of-way; with Commissioner Carlson responding just the southern right-of-way, because the western right-of-way was added in error. Chairman Higgs stated the objection from staff and the Azan Temple are objections to the westerly right-of-way which is not for consideration at this time.

Commissioner O'Brien stated he has problems with this because in 1981 Frank Magnuson conveyed a right-of-way to Brevard County, and the Deed contained a clause which stipulated if Brevard County ever discontinued or abandoned use as a public highway, the property would revert to the original property owner, his successors or assigns. He stated since the County is not using this as a highway, it should revert back to the original owner; and if the Board continues to do this, it will be more difficult for the public to donate land for highways and roadways if Brevard County does not give the easements back in the same condition.

Roy Pence stated he is the successor in interest to Mr. Magnuson. He stated he would be requesting a conservation easement as part of the permitting process through St. Johns River Water Management District; most of the area is wetland; and part of that permit process would call for putting the conservation easement on the property. Commissioner Carlson advised she requested the exceptions in the event a linear park should surface that would benefit the Grand Haven and Windover Farms communities.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating right-of-way in Section 26, Township 26S., Range 36E., as petitioned by Roy Pence, contingent on the existing Wetland Conservation Easement including a public easement dedicated to Brevard County allowing for the placement of a meandering 14-foot wide pedestrian walkway; provided, however, that the walkway shall be elevated on pilings without the use of fill where traversing existing or manmade wetlands; permitting of the walkway shall be coordinated with St. Johns River Water Management District in addition to all other agencies having jurisdiction over such activities; and a 15-foot maintenance easement along the wetland creation areas as shown on the plat of record to allow for maintenance access in accordance with the approved construction plans. Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to direct a Binding Development Plan (BDP) come back to the Board in six months to review amendment to Item 6 in the BDP which states, "there will be a minimum 100-foot vegetative buffer between any lot within County property and Windover Farms", to make it consistent with the easement language; and waive the advertising costs. Motion carried and ordered unanimously.

Chairman Higgs apologized for not realizing she had a pink card for the item; and requested Heather Schneider come forward to speak to the issue.

Heather Schneider stated there was an amendment to the rezoning of the property for a 100-foot vegetative buffer between her property and the lots of Mr. Pence. She requested more information to know what is being done with the property, as making a pedestrian pathway has been suggested, and how it will affect the 100-foot vegetative buffer if Brevard County relinquishes it to Mr. Pence. She stated she does not know if the entire community is for a pedestrian pathway or against it, but they need more information before a decision can be made.

Chairman Higgs advised the action the Board took would vacate the property, but would not put the pedestrian pathway in; and any change to the 100-foot buffer would have to come back to the Board at a public meeting. Commissioner Carlson stated the Board needs the developer to agree that item in the BDP would have to come back to the Board. Chairman Higgs stated any changes would have to go through a public hearing; and the community will know exactly when it will be heard by the Board. Commissioner Carlson suggested the community get with Mr. Pence to see what St. Johns River Water Management District has in mind for converting the uplands to wetlands.

DISCUSSION, RE: HOGAN LANDFILL

Commissioner Scarborough advised the posting of bond does not mean the operators of the landfill have a right to it until they go to court and prove actual damages; and it just assures there will not be damages for economic loss. He stated the events that occurred subsequent to the trial with DEP makes it improbable there will be any attempt to draw the bond, but it is part of the judge's order. He stated it would be his preference, rather than paying cash that will cost Brevard County, to post a bond so it will be able to recoup the bond.

Assistant County Attorney Shannon Wilson stated the Risk Management Department has been doing research on this issue regarding the cost of the bond; and while they cannot get a firm commitment as to the cost, it will cost approximately $600,000 for a 12-month bond. She advised if the litigation is not complete at that point, there is a chance the County may have to renew the bond which will be another $600,000. She stated Brevard County is required to post the bond before the injunction goes into affect.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve posting $300,000 cash bond for preliminary injunction pending issuance of a permanent injunction or appeal concerning the Hogan Landfill, with the funds coming from Solid Waste Reserve. Motion carried and ordered unanimously.

DISCUSSION, RE: LOCAL ACCESS MANAGEMENT PLAN

Chairman Higgs advised staff needs direction from the Board as to how they should proceed. Assistant Public Works Director Ed Washburn requested the Board accept the report; and staff bring it back to the Board to show exactly what access management criteria is presently in the Code, or propose new criteria with flexibility for it to review.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to direct staff to use the 1992 document, bring back access management criteria in the Code and any additions staff desires to bring back, including a waiver provision to put more flexibility into the Local Access Management Plan, and provide the information in draft form. Motion carried and ordered unanimously.

BOARD DIRECTION, RE: IMPLEMENTATION OF TRAFFIC CALMING DEVICES

Commissioner O'Brien stated he hopes all future roadway designs, where there is going to be a good intersection, will be circles. He advised one of the places not mentioned in the report that has a lot of circles is the State of New Jersey; and most every intersection with any kind of a highway is a circle, also called rotaries. Chairman Higgs suggested if the Board wants staff to work on the proposals, the Board can choose Options 1, 2 and 3.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve Options 1, 2 and 3, to direct staff to propose new language requirements in the Land Development Regulations for traffic calming devices in the roadway designs of proposed subdivisions, propose new policy language requiring traffic calming devices to be incorporated in the retrofitting or repaving of local roadways within the County, and propose new language requirements in the Comprehensive Plan requiring or encouraging traffic calming devices to be incorporated in the design of new corridors, as part of the corridor widening project, or retrofitting on a case-by-case basis for collector and arterial roadways within the County. Motion carried and ordered unanimously.

Commissioner Carlson advised staff is trying to put together a road trip to go to West Palm Beach to look at some of the traffic circles they have, and it might be of interest since it is close to home; and requested staff inform the Board when the trip is planned.

PERSONAL APPEARANCE - MORTIMER BARR, RE: AMEND ORDINANCE TO REQUIRE REMOVAL OF ENCROACHING BRAZILIAN PEPPER TREES

Chairman Higgs directed Assistant County Manager Peggy Busacca to reschedule the personal appearance of Mortimer Barr concerning amending Ordinance to require removal of encroaching Brazilian pepper trees, as Mr. Barr was not present at the meeting.

PERSONAL APPEARANCE - JOHN L. CAREY, RE: MAINTENANCE OF SATELLITE BOULEVARD

Chairman Higgs directed staff to reschedule the personal appearance of John L. Carey concerning maintenance of Satellite Boulevard, as Mr. Carey was not present at the meeting.

PERSONAL APPEARANCE - LURLEEN WALL, RE: REFUND OF TEMPORARY SECURITY TRAILER PERMIT FEE

Chairman Higgs directed staff to reschedule the personal appearance of Lurleen Wall concerning refund of temporary security trailer permit fee, as Ms. Wall was not present at the meeting.

DISCUSSION, RE: JULIE BOOST v. BOARD OF COUNTY COMMISSIONERS ANIMAL SERVICES AND ENFORCEMENT

Commissioner Voltz inquired if the Ordinance contained anything about the fact the dog was on its own property, and someone intruded its space. Commissioner Scarborough suggested Mr. Ward give the background of this issue.

Animal Services and Enforcement Director Joe Ward advised the dog was picked up after a bite injury that occurred on the daughter of the owner of the dog; the husband and wife of the family are divorced and live apart; but the children visit back and forth. He stated the son was visiting the mother where the dog lives; the father and daughter came by to pick-up the son; the daughter knocked on the door; and the dog ran out, jumped on her, and bit her in the face and other places. He stated the boy grabbed the dog away from the girl; and the dog broke loose and attacked the girl again. He stated in terms of dangerous dogs, they base the declaration on three major criteria, plus minor criteria; the three major criteria are also used in State law, and are if the dog is on or off his own property, the severity of the injury, and if the bite was provoked. He stated in this case 2 out of 3 of the primary considerations were met; so they declared the dog dangerous. He stated it was upheld by the Animals Services and Enforcement Council, which is the second tier of the appeal process for the public; and they went to the final process, which is the County Court System. He stated the judge heard the previous cases on the citations, and did not request additional testimony; and the decision was to declare the dog not dangerous, and not uphold the Council's declaration. He stated the judge based it on an opinion, not the law in either County or State level; and requested the Board appeal the decision.

Commissioner Carlson inquired what the justification was to rule the dog was not dangerous; with Dr. Ward responding he did not understand why the judge ruled the way he did. Commissioner Scarborough inquired what Judge Haddad heard at the hearing; with Dr. Ward responding he heard an appeal of dangerous dog declaration; and reviewed the record from the citation that had to do with the attack. County Manager Tom Jenkins stated there was a hearing with the Dangerous Dog Council, called the Animal Services Enforcement Council. Assistant County Attorney Shannon Wilson advised the declaration of dangerous dog is separate from the citations that are issued relating to this case; and there are other citations that were issued that Judge Haddad heard testimony on. She stated the judge tried to recall what he had heard from the past citations in making his decision on the appeal of the dangerous dog declaration; and it will have to be clarified at the trial as to what record the judge listened to.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize staff to appeal an order reversing Brevard County Animal Control Council's Dangerous Dog Declaration by way of a Petition for Writ of Certiorari in the Julie Boost v. Board of County Commissioners Animal Services and Enforcement case. Motion carried and ordered unanimously.

PUBLIC COMMENTS - WALTER PINE, RE: ADA

Walter Pine advised he is a disabled veteran, and is here to speak on the issue of the Americans With Disabilities Act. He stated recently he had occasion to go to Sand Point Park, and found that their restrooms did not comply with ADA. He stated he did research and found that at one point Brevard County had brought in a portable toilet that was wheelchair accessible, but is not longer there. He stated this has existed prior to 1993; and at present he has not found any plans to bring that restroom up to ADA standards. He advised a few telephone calls were made, and he discovered most of the offices throughout Brevard County have little knowledge of ADA; he does not know who the ADA coordinator is and what the responsibilities of that office are under ADA. He stated he took a copy of the front page of the technical assistance manual produced by the Department of Justice covering State and local governments to Commissioner Scarborough's office. He suggested establishing proper procedure for resolution of ADA complaints and concerns within Brevard County, and establish renovations to bring the baseball field restrooms at Sand Point Park into compliance with ADA. He stated ADA prevails over all other conflicting State laws; and requested the County learn what ADA is and grant persons with disabilities proper access and accommodations within the governmental facilities. Chairman Higgs advised the Board wants to comply with federal law and make the County facilities as accessible as possible to all of the citizens.

Commissioner Carlson advised Judith Smith is a compliance officer for ADA, and deals with hotels and motels compliance issues. She stated that many areas in Brevard County were in non-compliance; and she requested a written documentation from Ms. Smith as to where those areas are. Commissioner Voltz inquired if Ms. Smith was coming in to look at all County facilities; with Commissioner Carlson responding Ms. Smith is a consultant, and a compliance officer who deals with hotel and motel issues only; and since she is aware of the criteria that ADA requires, she understands the County is out of compliance in various ways, and will provide input to the discussion. Commissioner Voltz stated the Board needs to make a decision to request someone from ADA research this issue. Chairman Higgs stated the Board can get a report from staff in 30 days, and include how it needs to proceed.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to direct staff to pursue how to address the Americans with Disabilities Act (ADA) issues and if there are specific guidelines in place; and provide a report to the Board in 30 days on what the County is doing presently concerning ADA complaints, how it is moving forward in ADA compliance, and how it is documented in the Code to comply; and include recommendations on further action and options the Board needs to review. Motion carried and ordered unanimously.

Chairman Higgs advised Mr. Pine the report should be completed in 30 days, and staff will contact him when it will be on the Agenda.

Upon motion and vote, the meeting adjourned at 6:33 p.m.

ATTEST:

NANCY HIGGS, CHAIRMANM
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
( S E A L )